What Rejection Of EPA Immunity In Flint Suits Means For Cos.

Law360 (September 10, 2020, 4:22 PM EDT) -- The U.S. Environmental Protection Agency is not immune from negligence claims that would "eviscerate" liability under the Federal Tort Claims Act, or FTCA. So says U.S. District Judge Judith E. Levy in her decision for the U.S. District Court for the Eastern District of Michigan, which rejected the EPA's immunity from suits by private citizens in environmental cases where the agency has oversight.[1]

In an unprecedented win for the private citizens suing state and federal entities over the water crisis in Flint, Michigan, Judge Levy dealt a crushing blow to the EPA's attempt at avoiding the suit. In an 86-page order,...

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